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(영문) 제주지방법원 2015.06.11 2014가합5094
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B: 65,009,918 won; Defendant C: 505,050 won;

B. Defendant B and C are jointly 9,077,260 won, above.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a fisheries partnership that operates domestic distribution and Internet shopping mall business in order to enhance productivity through fishery business management, promote the increase of its members’ income through the joint shipment, processing, export, etc. of fishery products, and achieve its purpose. (2) Defendant B served as the Plaintiff’s director from September 6, 2009 to May 8, 2012, while engaging in overall management of the Plaintiff’s business, purchase and supply of fishery products, and fund management.

3) From September 6, 2009 to May 8, 2012, Defendant C served as the Plaintiff’s accounting employee, and under the direction of Defendant B, Defendant C took charge of the Plaintiff’s purchase of fishery products, entry of the accounting system related to the supply of fishery products, entry of the Plaintiff’s passbook in the name of the Plaintiff, and deposit and withdrawal of the Plaintiff’s money using Internet banking. 4) Defendant E served in the Plaintiff’s office for about 45 days from January 2012 to February 2012.

5) Defendant D worked in the form of part-time work at the Plaintiff Company for about seven days from January 2012, 2012. Defendant F is the legal spouse of Defendant B.

B. Around November 24, 2010, Defendant B and C instructed Defendant B to take up KRW 13,704,150,000 in cash from the Suhyup Bank’s account under the name of the Plaintiff in order to settle the purchase price of fishery products of G (Representative H) that he independently managed and operated from the Plaintiff at the Han Chang-si Gyeong-si Gyeong-si branch on November 24, 2010. Defendant C instructed Defendant C to take out KRW 10,704,150 in cash from the Suwon Bank’s account under the name of the Plaintiff, without entering the details of expenditure in the Plaintiff Company’s electronic accounting system. Defendant C, without entering the details of expenditure in the Plaintiff Company’s electronic accounting system, withdrawn KRW 13,00,000 in cash from the Suhyup Bank account under the name of the Plaintiff, and then remitted KRW 10,704,150 in the account number in the name of the K Bank in the name of the Plaintiff.

The above Defendants shall act in collusion with each other.

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